Putative Health and Human Services Secretary to Testify Wednesday Morning

KATHLEEN SEBELIUS IN THE HOT SEAT

by Sharon Rondeau

(Oct. 30, 2013) — House Energy & Commerce Committee Chairman Fred Upton has opened a hearing at which Health and Human Services Secretary Kathleen Sebelius is set to testify after she said last week that her schedule did not permit it.

Many in Congress have called upon Sebelius to resign.

Upton restated the problems with the Healthcare.gov website, which he reported was again down on Tuesday night.  He said that he hopes the hearing will restore the American people’s faith in their government.

The putative chief executive, Barack Hussein Obama, has at least two forged birth certificates and an obscured past which may impact his ability and qualifications to serve.  Currently, two affidavits are filed with the U.S. district court at the Western district of Washington asking the judge to empanel a special grand jury to examine evidence provided of fraud, forgery, conspiracy, and obstruction of justice.

Ranking member Rep. Henry Waxman spoke next, saying that the insurance companies have been reined in from overcharging and “abusing” customers. He said that “the problems with Healthcare.gov” are disappointing but “can be fixed.”

Upton then said that swearing-in of testifiers was required for today’s hearing.  Waxman said that testifiers have “always” had to have been sworn in for oversight-type hearings.

Upton then asked Sebelius to stand, hold up her right hand, and swear that her testimony would be “the truth, the whole truth, and nothing but the truth,” quoting from U.S. Code.  He welcomed her and thanked her for coming.

Sebelius said she left her position as governor of Kansas to “continue her work” to provide “affordable health coverage.”  She said she “cares deeply about” everyone having access to health insurance.

She said that “new management talent” has been added to begin fixing the website glitches.  She said that “more users are successfully creating accounts,” although creating an account does not necessarily mean that the person has bought insurance.

Sebelius said that this past weekend, “the Verizon server” failed, not Healthcare.gov.  She said that “by the end of November,” most problems should be repaired.  “Consumers are using the site every day…and problems are being solved,” she said.

She said that “affordable new options in a competitive market” are now available to the uninsured.  She said that the Affordable Care Act will make health care less expensive than previously, although many are reporting premiums as high as 400% of that which they have been paying through their old plans.

Upton then took the floor and quoted Obama when he said that people who had insurance “could keep it.”  Up to 16,000,000 people are losing plans they liked, as they are no longer offered by Obamacare.  He said that people are “being forced to go onto an inept website” and seeing higher premiums with “rising deductibles.”

Upton asked when Obama was “informed” that people would not be able to keep their current plans following a “regulation change.”  “He’s been on the same page from the very start, yet the regulations changed…” Upton said.  “Why was that change made, and did the president know it?”

Sebelius denied that any “change” was made.  She said that the law indicated that if a plan “was in effect” under certain conditions, “that plan would stay in effect.”  However, the individual market plans involved do not all meet the new requirements.  Upton asked why the consumer could not make up his mind about whether or not to keep a plan.  Sebelius said that “consumer protections” have been put in place by the Affordable Care Act.  She said that the new regulations prohibit pre-existing condition denials.  She said that “grandfathering in” is happening “across the country.”

Waxman took the floor again and lauded the health care law which reportedly raises “standards” and prevents “discrimination” against customers.

Sebelius said that average consumers will be able to “enjoy the protections we have” in that they cannot be shut out of health coverage.

Rep. Marsha Blackburn then took the floor and asked what the 300,000 people in Florida whose plans have been canceled can do, to which Sebelius said “they will have new plans.”

Blackburn said that for people whose plans were canceled, “It’s not what they wanted.”  She said that people should be able to make choices and that the health care law has taken those away.

She then went to the Healthcare.gov website with a screenshot shown.  She asked Sebelius how much was spent on the website, asking Sebelius for a “detailed” account of what has been spent.

Sebelius said she spoke with an executive from Verizon “over the weekend” and that a specific problem with that vendor has continued.

Blackburn said she wanted to know “exactly who was in charge of this project.”  She asked “Who was responsible for overseeing this project?”

Sebelius said, “We own the site…”

“Who is in charge, Madam Secretary?” Blackburn insisted.  Sebelius named several people which did not appear to satisfy Blackburn.  Sebelius finally said that she herself is responsible “for the debacle.”

Rep. Dingell asked Sebelius to clarify why certain plans are being canceled and said that it is because the insurance companies “made the decision” to cancel them.  Sebelius asserted that individual market plans are often canceled and are often maintained for “less than a year.”

Dingell asked if insurance companies can offer more expensive plans in light of the cancellation of many existing plans.  Sebelius said that consumers are not obligated to “roll over” into another plan, but rather, can shop “anywhere” for coverage.

Dingell blamed the insurance companies for somehow attempting to take advantage of their customers.

Rep. Joe Barton then took the floor and told Sebelius, “We’re not in Kansas anymore.”  Barton asked for a slide to be presented about the Healthcare.gov website showing a disclaimer which did not address the privacy issue.  “The next slide shows what’s not covered,” he said.  A large oval circled some text which said that there can be no reasonable assumption of privacy and that “the government may monitor” a person’s movements and information submitted on the website.

Barton asked if Sebelius knew about the warning, to which Sebelius said that it was “boilerplate language” that should not have been placed in the source code.  “The last time we checked, this was still there,” Barton responded.  He asked her if she would “commit” to protecting the privacy of the American public.

Barton said that he “sincerely appreciated that” and that “the American people do, too.”

He has introduced a bill which would make purchasing insurance optional for the first year and asked Sebelius if she agreed, to which she said, “No, sir.”

Rep. Frank Pallone then took the floor, citing a “continuous effort on the part of the ACA.”  He said that the “privacy issue” was “a red herring.”  He said that policies being cancelled offered “lousy coverage.”  He said that the previous system was “dysfunctional” without “quality coverage.”  Pallone said that the ACA “makes a giant leap forward” by banning denials over pre-existing conditions.

Sebelius said that those in the “individual market” had to undergo underwriting and “were paying more than their neighbor” and “will have a new day in a very competitive market” under the ACA.

Rep. Frank Hall then asked Sebelius if she projected “ongoing problems” with the website and more expenditures.  She said that $197,000,000 are “obligated” to last through March of next year, and $104,000,000 has been expended.  Hall then said, “Make sure that your testimony is correct,” which apparently was a joke, after which people laughed.  “Have you ever rejected a financial bill from one of the contractors?” Hall asked.  Sebelius said that the accounting office reviews all bills but that she “personally” does not negotiate or “engage in the debate around federal contractors.”

Hall asked how much has been spent on the exchanges, but Sebelius said she did not have the figure and would get it to Hall in writing.

Hall read a long list of companies who have laid off employees and even closed because of the health care law.  “What do you think of that?” Hall asked Sebelius.  She responded that the “penalty” to which Hall’s constituents complained about did not apply in 2014.

Rep. Anna Eshoo of California then welcomed Sebelius and “thanked her Republican pals” for opposing and “detesting what’s working” with the health care law.

She said that it is her understanding that “by November 31st,” the Healthcare.gov website will be “fully functional.”  There is no date of “November 31st.”

Eshoo then caught her mistake and said, “November 30th.”  “Do you have confidence in November 30th?” she asked Sebelius, who said, “I do.”

Eshoo asked if there were “a penalty” for the contractors failing to meet deadlines, which Sebelius did not appear to answer directly.  Eshoo raised the issue of “a security breach” but said that the “privacy” matter has been addressed.  “Has a security wall been built?” for financial information, Eshoo asked.

Sebelius said that “a skilled hacker” got in to the site but that the problem has been fixed.  She said the hub does not store any financial data.

Rep. John Shimkus of Illinois said that The Washington Post had given Sebelius and Obama “four pinocchios” on their statements about Obamacare.